Assault is the attempt or threat to commit a harmful act. Battery is the actual infliction of that act that causes harm or injury. The crime and penalty will vary depending whether a weapon was use or whether the harm was a against the police or medical emergency personnel. 

 

Assault and Battery Defined

Generally, assault is defined as an intentional act that causes a person to fear physical harm. Battery is defined as the infliction of that physical harm. A classic example of an assault and battery can be illustrated in the following way; if a person shoots someone with a gun, the assault would be the act of pointing the gun, and the battery would be the injury inflicted upon the person who was shot. The battery is the completion of the violent act.

In Michigan, there is a wide range of laws that address assault, and assault and battery. This is because of the varying degrees of assault, such as assault with or without a weapon, or simple assault versus assault with intent to commit murder. Depending on the severity of the assault charge, the offense can either be classified as a misdemeanor or a felony.

 

Misdemeanor Assault

Below are the two most common misdemeanor assault charges:

Simple Assault and Battery: If convicted of the offense for the first time, the crime is punishable by imprisonment for up to 93 days and/or a fine of up to $500.00. Michigan Penal Code 750.81.

Aggravated Assault: Aggravated assault is when a person assaults another without a weapon and causes serious injury without intending to commit murder. If convicted, the crime is punishable by imprisonment for up to 1 years and/or a fine of up to $1,000.00. Michigan Penal Code 750.81a.

However, note that the above punishments may vary depending on whether the assault or assault and battery can be classified as domestic violence and whether the victim is pregnant.

 

Felony Assault

Below are the commonly used felony assault charges:

Felonious Assault: This is when a person assaults another person with a dangerous weapon without intending to commit murder or inflict great bodily harm. If convicted, the crime is punishable by imprisonment for up to 4 years and/or a fine of up to $2,000.00. There are different set of punishments if the felonious assault is conducted in a weapon free school zone. Michigan Penal Code 750.82.

Assault with Intent to Commit Murder: The maximum penalty for this crime is life imprisonment. This offense requires the prosecution to prove that the person’s mental desire was to murder the victim. Michigan Penal Code 750.83.

Assault with Intent to do Great Bodily Harm less than Murder: The statute provides that a person who assaults another with intent to do great bodily harm, or strangle or suffocates another, will be punished by imprisonment of up to 10 years and/or pay a fine of up to $5,000.00.   Michigan Penal Code 750.84.

Assault with Intent to Maim: Maim is defined as to permanently disfigure or to mutilate a person, such as cutting off a limb or destroying an eye. If convicted, the crime is punishable by imprisonment for up to 10 years and/or a fine of up to $5,000.00. Michigan Penal Code 750.86.

Assault with Intent to Rob and Steal; Unarmed: If convicted, the crime is punishable by imprisonment for up to 15 years. Michigan Penal Code 750.88.

Assault with Intent to Rob and Steal; Armed: The maximum penalty for this crime is life imprisonment. Michigan Penal Code 750.88.

  

 

 

 

 

 

Immigration Impact

If you are charged with a crime, and are not a U.S. Citizen, the criminal charge alone may negatively impact your immigration status and/or your ability to apply for non immigrant and/or immigrant status.

 

Under immigration law, an assault and battery conviction or guilty plea, alone, will not subject an alien to deportation proceedings.

 

However, just because an assault and battery conviction itself is not a deportable offense, does not mean that a conviction or guilty plea to such a crime would not impact any future immigration benefits that may be sought.

 

In the future, if any criminal matter is expunged or dismissed, police report(s) and court disposition will always be required, regardless of the age of the offense.

 

Under Michigan law, there are many degrees of assault and assault and battery, and the punishment for some of the offenses are severe. It is critical to contact Ray Law as soon as you find yourself in this situation.

You will need the Ray Law advantage, and the expertise of our attorneys to properly and successfully handle your case. We will fight to ensure that the assault and battery charge will not negatively impact your record. 

Ray Law specializes in both criminal and immigration law. Here at Ray Law we have the best attorneys to represent you in the court of law, as well as the best attorneys to successfully represent you through the immigration process. 

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Use the Ray Law advantage!